To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

Fifth Freedom, 1981-12-01

Fifth Freedom, 1981-12-01

THE FIFTH FREEDOM A PUBLICATION FOR THE BUFFALO CAY COMMUNITY DECEMBER 1981 FREE "The Freedom to love whomever and however we want" Loitering Statute To Be Challenged Again By John A. Faulring, Jr. The Federal Lawsuit filed by Mattachine and some of its members has been placed on hold until an appeal of a recent decision in Buffalo City Court is followed up. City Judge Timothy J. Drury has ruled that the State's loitering law is not constitutional when applied to prostitutes, but can be used to arrest gays. The Judges nine page ruling states that the loitering law only distinguishes between married and unmarried persons. But when the law is applied against a gay man, "the fact that they are not married to one another is secondary to their being homosexuals and cannot be grounds for finding the statute unconstitutional."State Court of Appeals Next Attorney William Gardner, lawyer in both the Federal suit and the suit in question, said he will appeal the decision to the State Court of Appeals after it goes through the proper local channels. "How can the law be consitutional when applied to gays and yet violates the rights of prostitutes," he said. Gardner feels the law is in the same category as the Sodomy Statute that was repealed last December. "The Sodomy law was found to infringe on the rights of everyone, male and female; straight and gay; prostitute and average person. This law.is the same in that respect." The local courts had tried to deny Gardner of a case that he could press to the Appeals Court level by dismissing charges or other legal measures designed to prevent getting a decision on the laws constitutionality. This case provides that case. North Street Arrest The case in question was one involving Robert Uplinger and his arrest on North Street on Aug. 7. He was charged with soliciting an undercover vice officer for "the purpose of deviate sexual intercourse." In an exclusive Fifth Freedom interview, Uplinger told us of some of the details involved. He feels it is important for the gay community to know. He says he lives in the Allentown area because of its gay atmosphere. "I am gay and want to be where my kind is," he says, "there were many other gays, as well as hustlers out that night. No one that wasn't interested was being hasseled." Contrary to what most people think, the police do not have to admit to you that they are a cop. "When we first started talking I asked him 'are you a cop?' He said, 'what makes you ask that? Do you think I am?' To make the role of not being a cop go even further there was a car of undercover cops that came by and asked everyone to "move along." The vice officer played right along and moved down the street just as everyone else did." Street Cruising A Holdover Uplinger feels that the idea of street cruising is a holdover from the days when there weren't that many gay bars or places to meet. "Many gays that are out now don't remember those days," he says, "it was when I was coming out, so I know." "Most gays look down on cruising the streets as not being as 'good' as the bars or even the baths. Many of the people on the street are non-bar people. Or at least they are tired of the noisy, smoky alternatives offered in Buffalo." Uplinger feels that if there were more quiet meeting places it would get some of the people off the street. "Of course there will always be a certain group that will always be there," he says. "In the days of few bars the vice cops were in the bars arresting people, so we moved to the streets. Now this law is forcing us back into the bars," Uplinger states. He feels that neither case is the full answer. Prostitutes And Hustlers When the Buffalo Vice Squad decided to "clean up" the Chippewa Street area is when the problem really got bad. "It used to be just gays in the North Street area until the cops forced the prostitutes and Washington Street hustlers into the area. Now there is competition for those who are out 'looking for it.'" The non-gays or those who aren't interested in what is going on really are not affected by what is going on in the streets. "If you see that someone is not interested you don't waste your time," he says, "there are enough that are." This fact came out during the hearings and trial. The court could produce no official complaints from area residents. Arrested After he was informed that he was under arrest, on the way to the police station, he was not only informed of his rights; but was told that he could always "plead to a reduced charge" and to tell all of his friends and gays to "stay off the streets." He said he was not frightened or intimidated by being arrested. "I was indignant, more than anything. It really made mc mad to think that this whole thing was going on," he says. His treatment by the arresting officers was not rough in any way. They were just full of advice on ow he could get out of the situation. Out of the entire group of "15 or 20" people on North Street, many of whom he knows, he was the only one arrested. "You get to know the people there and watch out for each other," he says of the "regular" North Street crowd. He says the vice cop was very friendly and he was even introduced to others that happened by while they were talking. They talked about many things during the 15-20 minutes that passed before his arrest. It was Uplinger that made the final suggestion that prompted his arrest. "I admit I asked him to do it, but why else would he be out walking the streets at 2:30 in the morning." He feels that rather than arresting him the guy could just have said, "No thanks," and that would have been the end of it. Community Center calendar Open Letter About The Center And Fundraising Dear Friend, A few months ago you responded to a questionnaire about your views on the need for a gay community service center in Buffalo. Your ideas proved valuable to us and we took them to heart. We of the Gay and Lesbian Community Center Coalition (GLCCC) are writing you to give you an update on our progress towards establishing just such a center. We are pleased to report that the overwhelming majority of individuals polled through our questionnaire responded strongly to the need for a gay center comprised of both gay men and women. Respondents indicated that they wanted a comprehensive center which would ofer a full array of services. It Was a pleasant surprise to find that more than 200 individuals broke the chain of fear and signed full names and addresses for our confidential mailing list. The coalition's publicity campaign will get easier as this list grows. (Please ask your friends to notify us if they'd like to be included). With the gay community's support for a center thus established, the coalition has spent the last 2 months hard at work. Our members presently consist of an ad hoc mixture of individuals and representatives from groups. The following gay organizations are members: Gay Rights for Older Women (GROW), Mattachine, Gay Professionals, The Lesbian Caucus of the Buffalo Women's Liberation Union, and the Student Alliance for Gay Equality (SAGE). Around 30 people participate and this includes both gay men and lesbians. We hold general meetings on the Ist and 3rd Tuesdays of every month from 7-9 (not a minute later) in the meeting room at the Westbrook Station (a new gay bar) on Delaware & North. New members are welcome at any time, please come! The three committees of the coalition meet at different times: The Charter, Fund Raising & Space Committees. The Charter Committee is working on a proposed governance structure for the center which is both democratic and sex-balanced. The Fundraising committee is planning events which will promote gay cohesion and raise the funds necessary to open a center. And the Space Committee is walking the streets, peeping in windows, and speaking with realtors regarding a spot suitable to our purposes. A gay center in Buffalo is really going to happen. You can help by joining the coalition, or working on a committee, conveying an idea, contributing money, publiczing our work among your friends, or by attending our fund raisers. No time committment is too small. From time to time you'll continue to hear from us. We hope to hear from you! Continued on page 10 UPCOMING BENEFITS FOR THE GLCCC We hope you'll attend & bring your friends! Dec. 14th (Monday): 7:30-10:30 p.m. Skating Party at United Skates of America, 1551 Niagara Falls Blvd. (past the mall). Sponsored by Mattachine & GLCCC (all proceeds to go towards a gay center). Tickets $3.00 & skate rental $1.00. Jan. 16 (Saturday): Cocktail Party/Buffet at the Wilcox Mansion, 641 Delaware Aye. More info to be announced. Sponsored by GLCCC. Feb. 12th (Friday): Valentines Day Sweet Heart Ball, Unitarian Church, Corner Elmwood & Ferry. Bring out your gowns & tuxes! More info to be announced;. Sponsored by GLCCC. Feb. (date to be announced) Film: March on Washington, Unitarian Church, more info to be announced. Sponsored by GLCCC & Buffalo Women's Liberation Union. March 6th (Saturday): 1-5 p.m. Auction, Unitarian Church, Sponsored by GLCCC. TO CONTACT THE GLCCC, CALL: GAY HOTLINE: 881-5335 EMMA'S BOOKSTORE: 836-8970 or come to our General Meetings Ist & 3rd Tuesdays of every month a Westbrook Station (meeting room) Delaware & North (Delaware entrance) 7-9 p.m. Thank you fro helping to make a new center happen!

There are no known copyright issues associated with the Fifth Freedom newspapers.

Transcript

THE FIFTH FREEDOM A PUBLICATION FOR THE BUFFALO CAY COMMUNITY DECEMBER 1981 FREE "The Freedom to love whomever and however we want" Loitering Statute To Be Challenged Again By John A. Faulring, Jr. The Federal Lawsuit filed by Mattachine and some of its members has been placed on hold until an appeal of a recent decision in Buffalo City Court is followed up. City Judge Timothy J. Drury has ruled that the State's loitering law is not constitutional when applied to prostitutes, but can be used to arrest gays. The Judges nine page ruling states that the loitering law only distinguishes between married and unmarried persons. But when the law is applied against a gay man, "the fact that they are not married to one another is secondary to their being homosexuals and cannot be grounds for finding the statute unconstitutional."State Court of Appeals Next Attorney William Gardner, lawyer in both the Federal suit and the suit in question, said he will appeal the decision to the State Court of Appeals after it goes through the proper local channels. "How can the law be consitutional when applied to gays and yet violates the rights of prostitutes," he said. Gardner feels the law is in the same category as the Sodomy Statute that was repealed last December. "The Sodomy law was found to infringe on the rights of everyone, male and female; straight and gay; prostitute and average person. This law.is the same in that respect." The local courts had tried to deny Gardner of a case that he could press to the Appeals Court level by dismissing charges or other legal measures designed to prevent getting a decision on the laws constitutionality. This case provides that case. North Street Arrest The case in question was one involving Robert Uplinger and his arrest on North Street on Aug. 7. He was charged with soliciting an undercover vice officer for "the purpose of deviate sexual intercourse." In an exclusive Fifth Freedom interview, Uplinger told us of some of the details involved. He feels it is important for the gay community to know. He says he lives in the Allentown area because of its gay atmosphere. "I am gay and want to be where my kind is," he says, "there were many other gays, as well as hustlers out that night. No one that wasn't interested was being hasseled." Contrary to what most people think, the police do not have to admit to you that they are a cop. "When we first started talking I asked him 'are you a cop?' He said, 'what makes you ask that? Do you think I am?' To make the role of not being a cop go even further there was a car of undercover cops that came by and asked everyone to "move along." The vice officer played right along and moved down the street just as everyone else did." Street Cruising A Holdover Uplinger feels that the idea of street cruising is a holdover from the days when there weren't that many gay bars or places to meet. "Many gays that are out now don't remember those days," he says, "it was when I was coming out, so I know." "Most gays look down on cruising the streets as not being as 'good' as the bars or even the baths. Many of the people on the street are non-bar people. Or at least they are tired of the noisy, smoky alternatives offered in Buffalo." Uplinger feels that if there were more quiet meeting places it would get some of the people off the street. "Of course there will always be a certain group that will always be there," he says. "In the days of few bars the vice cops were in the bars arresting people, so we moved to the streets. Now this law is forcing us back into the bars," Uplinger states. He feels that neither case is the full answer. Prostitutes And Hustlers When the Buffalo Vice Squad decided to "clean up" the Chippewa Street area is when the problem really got bad. "It used to be just gays in the North Street area until the cops forced the prostitutes and Washington Street hustlers into the area. Now there is competition for those who are out 'looking for it.'" The non-gays or those who aren't interested in what is going on really are not affected by what is going on in the streets. "If you see that someone is not interested you don't waste your time," he says, "there are enough that are." This fact came out during the hearings and trial. The court could produce no official complaints from area residents. Arrested After he was informed that he was under arrest, on the way to the police station, he was not only informed of his rights; but was told that he could always "plead to a reduced charge" and to tell all of his friends and gays to "stay off the streets." He said he was not frightened or intimidated by being arrested. "I was indignant, more than anything. It really made mc mad to think that this whole thing was going on," he says. His treatment by the arresting officers was not rough in any way. They were just full of advice on ow he could get out of the situation. Out of the entire group of "15 or 20" people on North Street, many of whom he knows, he was the only one arrested. "You get to know the people there and watch out for each other," he says of the "regular" North Street crowd. He says the vice cop was very friendly and he was even introduced to others that happened by while they were talking. They talked about many things during the 15-20 minutes that passed before his arrest. It was Uplinger that made the final suggestion that prompted his arrest. "I admit I asked him to do it, but why else would he be out walking the streets at 2:30 in the morning." He feels that rather than arresting him the guy could just have said, "No thanks," and that would have been the end of it. Community Center calendar Open Letter About The Center And Fundraising Dear Friend, A few months ago you responded to a questionnaire about your views on the need for a gay community service center in Buffalo. Your ideas proved valuable to us and we took them to heart. We of the Gay and Lesbian Community Center Coalition (GLCCC) are writing you to give you an update on our progress towards establishing just such a center. We are pleased to report that the overwhelming majority of individuals polled through our questionnaire responded strongly to the need for a gay center comprised of both gay men and women. Respondents indicated that they wanted a comprehensive center which would ofer a full array of services. It Was a pleasant surprise to find that more than 200 individuals broke the chain of fear and signed full names and addresses for our confidential mailing list. The coalition's publicity campaign will get easier as this list grows. (Please ask your friends to notify us if they'd like to be included). With the gay community's support for a center thus established, the coalition has spent the last 2 months hard at work. Our members presently consist of an ad hoc mixture of individuals and representatives from groups. The following gay organizations are members: Gay Rights for Older Women (GROW), Mattachine, Gay Professionals, The Lesbian Caucus of the Buffalo Women's Liberation Union, and the Student Alliance for Gay Equality (SAGE). Around 30 people participate and this includes both gay men and lesbians. We hold general meetings on the Ist and 3rd Tuesdays of every month from 7-9 (not a minute later) in the meeting room at the Westbrook Station (a new gay bar) on Delaware & North. New members are welcome at any time, please come! The three committees of the coalition meet at different times: The Charter, Fund Raising & Space Committees. The Charter Committee is working on a proposed governance structure for the center which is both democratic and sex-balanced. The Fundraising committee is planning events which will promote gay cohesion and raise the funds necessary to open a center. And the Space Committee is walking the streets, peeping in windows, and speaking with realtors regarding a spot suitable to our purposes. A gay center in Buffalo is really going to happen. You can help by joining the coalition, or working on a committee, conveying an idea, contributing money, publiczing our work among your friends, or by attending our fund raisers. No time committment is too small. From time to time you'll continue to hear from us. We hope to hear from you! Continued on page 10 UPCOMING BENEFITS FOR THE GLCCC We hope you'll attend & bring your friends! Dec. 14th (Monday): 7:30-10:30 p.m. Skating Party at United Skates of America, 1551 Niagara Falls Blvd. (past the mall). Sponsored by Mattachine & GLCCC (all proceeds to go towards a gay center). Tickets $3.00 & skate rental $1.00. Jan. 16 (Saturday): Cocktail Party/Buffet at the Wilcox Mansion, 641 Delaware Aye. More info to be announced. Sponsored by GLCCC. Feb. 12th (Friday): Valentines Day Sweet Heart Ball, Unitarian Church, Corner Elmwood & Ferry. Bring out your gowns & tuxes! More info to be announced;. Sponsored by GLCCC. Feb. (date to be announced) Film: March on Washington, Unitarian Church, more info to be announced. Sponsored by GLCCC & Buffalo Women's Liberation Union. March 6th (Saturday): 1-5 p.m. Auction, Unitarian Church, Sponsored by GLCCC. TO CONTACT THE GLCCC, CALL: GAY HOTLINE: 881-5335 EMMA'S BOOKSTORE: 836-8970 or come to our General Meetings Ist & 3rd Tuesdays of every month a Westbrook Station (meeting room) Delaware & North (Delaware entrance) 7-9 p.m. Thank you fro helping to make a new center happen!